“We have to do something! We can’t just sit back and do nothing!”
This is something you’re likely to hear if you bring up how Somalis have been treated in this country. They may phrase it differently but it always has the same components. There is an urgent, drastic something that needs to be done immediately or an apathetic nothing. There is never anything between those two options. It is a situation of extremes. One or the other. Now or never. Terrorism or oppression.
If you ask them if what’s happening is right they will sigh impatiently. They will give you that look they give people who do not understand the world and explain, as if to a child, that:
“Sometimes you have to do what is necessary. You should know that.”
If they are older than you they might add,
“You’ll understand that one day.”
Perhaps I do not understand the world as they so clearly suspect but that seems like a non-answer to me. Is it wrong but necessary? Or is it right because it is necessary? More to the point, why is it so necessary? Ask that last question at your own risk. The answers will often carry a thinly veiled accusation.
“Do you just want to let Kenyans die?”
“You have to consider the survival of our country!”
I have had this argument many times now. Sometimes with smart people. With people whose opinion I respect. And from what I understand, this is the summary of what they’re trying to say. Because we’re facing a crisis on a scale we’ve never seen before we have to take measures that some may find unpleasant. It is an ugly but necessary sacrifice. Put like that, it almost seems to make sense. Here’s the problem with that. The first part, the justification, isn’t true. That’s the effects of terrorism talking.
Terrorism works because of fear. It’s supposed to make you overreact, to think the problem is bigger than it is. It inspires the kind of fear a drowning person feels as they act against their own interests and try to take down the person rescuing them. This is why so many people are talking about terrorism like it’s the biggest threat in the country. It isn’t. It’s not even close.
Think of it this way. How many people get killed in homicides every year in Kenya? According to UNODC, in 2012, it was about 2,700 people. To put that in perspective, how many people get killed in terror attacks in any given year? In 2012 it was somewhere in the range of 4,500 people – worldwide. When you add up all the recorded terrorist attack fatalities in the world, inflate the number by a few hundred for any that may have been missed or underreported you get less than two years of one country’s homicides.
It’s a lot more disturbing when you consider that the 2012 rate of homicides has more than doubled when compared to what it was in 2007. If you want to rate crises, you can see which the more pressing Kenyan problem is. Yet, we would never stand for suspension of laws or profiling in that area. You’re never going to hear about an inquest into what community people who commit the most homicides are most likely to come from. And even if the information were available, we certainly would never act on it in the way we are towards Somalis.
All this is not to say that terrorism isn’t a pertinent threat. It is. And I’m certainly not saying that the deaths caused by the terror attacks don’t matter. They do. What I am saying is calm down, take a breath and relax a bit. Our survival as a nation does not hang in the balance. On the list of things that are likely to kill you, terrorism is very low on that list. Which means we have time to think this issue through. To come up with proper solutions that will actually yield positive results in the long term.
We can’t continue to pretend that a lot of the people being persecuted for not having legal papers would not have them if the system was working properly. Or that we’re seriously combating terrorism when our anti-terror unit is still underfunded. And most importantly, we cannot deny that the state hasn’t been acting within legal boundaries.
You can see hints of the law being sidestepped in this UNHCR press release. If you want to see a more blatant legal breach you need look no further than this ruling the High Court made in 2013 relating to refugees and insecurity in the country. You can read the whole thing and see just how its directives are being violated. It’s almost prescient:
“The State has not demonstrated that the proliferation of the refugees in urban areas is the main source of insecurity … Security concerns must now be viewed from the constitutional lens and in this regard there is nothing to justify the use security operation to violate the rights of urban based refugees.”
Sometimes saving the country means preserving our national identity. What we do. Who we are as a people. That means looking past the fear and making decisions that are ethical. Decisions that will help us in the long term. That’s not easy, but it’s not meant to be. Or, to quote that ruling again:
The cost and burdens association with deepening constitutional values does not lessen the obligation of the State to,“observe, respect, protect, promote and fulfill the rights and fundamental freedoms in the Bill of Rights.” Every State organ is called upon to be creative within its means in order that every person enjoys, “the fundamental rights and freedoms in the Bill of rights to the greatest possible extent.”
Need i say more?